The Police Powers Doctrine: Balancing Regulatory Chill with Rising Temperatures
-
-
K. Melville
Published 19 January 2023
Executive Summary
(20/01/2023 corrected footnotes) The Police Powers doctrine has raised conflicting opinions regarding the balance between investor protection and State’s regulatory action, which done in the public’s interest. While the Police Powers doctrine is, of course, not the only means of protection afforded to States to avoid liability, the doctrine’s entrenchment in treaties and its specific application in recent cases showcases its ability to afford adequate protection to States while ensuring that the purpose behind investment treaties is not negated. What is clear, through the case analysis in the paper, is that tribunals can only assess the doctrine (and its application) on a case-by-case basis and that the imposition of strict criteria to establish the doctrine’s application is both futile and inappropriate. Ultimately, through its case-by-case application, the doctrine affords tribunals the flexibility required to deal with the plethora of factual matrices that may face investment tribunals.
To read this article you need to be a subscriber
Subscribe
Fill in the registration form and answer a few simple questions to receive a quote.
Subscribe now
Suggested Citation
K. Melville (2023, forthcoming) "The Police Powers Doctrine: Balancing Regulatory Chill with Rising Temperatures"
(TDM, ISSN 1875-4120) January 2023, www.transnational-dispute-management.com
Other recently published material:
Current Trends in the Investment Environmental Jurisprudence and Predictions for Investment Disputes Involving Climate Change
24 January 2023
Climate Change and the Territoriality of International Investment Agreements
20 January 2023
International Investment Arbitration and the Environment: In the Search for Coexistence
20 January 2023
Now available in TDM 6 (2022) - Prospects and Challenges of Issuance of Sukuk in Bangladesh: Lessons from Malaysia for Developing a Comprehensive Legal Framework for Bangladesh
19 January 2023
The Role of the Precautionary Principle in Investment Arbitration: Did It Manage to Justify the Host States' Cautious Approach on Environmental and Climate Change Issues?
17 January 2023
Complete listing of Advance publication.